HomeMy WebLinkAbout06/17/2014 11 911 Emergency Communications System Call Center and City Dispatch Center Construction and Use Agreement w Yakima CountyBUSINESS OF THE CITY COUNCIL
YAKIMA, WASHINGTON
AGENDA STATEMENT
Item No. 11.
For Meeting of: June 17, 2014
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ITEM TITLE: Resolution authorizing an Interlocal Agreement with Yakima
County for Construction and on-going use of a 911
Emergency Communications System's Call Center and City
Dispatch Center.
SUBMITTED BY: Bradley D. Coughenour, Communications Manager
SUMMARY EXPLANATION:
This resolution establishes the annual fiscal responsibilities between Yakima County and the
City of Yakima for the purpose of relocating the 911 services and the City of Yakima's Public
Safety Dispatch Services.
Resolution: X
Other (Specify):
Contract: X
Start Date: June 17, 2014
Item Budgeted: Yes
Funding Source/Fiscal
Impact:
Strategic Priority:
Insurance Required? No
Mail to:
Phone:
APPROVED FOR
SUBMITTAL:
Ordinance:
Contract Term: 30 Years
End Date: June 16, 2044
Amount: $631,300
The $631,300 is a combined cost betwwen 911
services and dispatch services. Therefore 50% of
the bond and lease payments will be paid from the
911 excise tax, the other 50% public safety debt
services.
Public Safety
City Manager
RECOMMENDATION:
The county and city managers assigned to this committee have agreed to these terms.
ATTACHMENTS:
Description Upload Date Type
Cover Letter 6/8/2014 Cover Memo
Resolution authorizing Interlocal Agreement with
6/10/2014 Cover Memo
Yakima County for 911 Services
Yak Co and City 911 Interlocal Agreement 6/12/2014 Cover Memo
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DATE: June 6, 2014
TO: Mayor Cawley and City Council Members
FROM: Brad Coughenour, Communications Manager
SUBJECT: Communications Center
The Public Safety Answering Point (PSAP) commonly known as 9-1-1
Communications, in -conjunction with Police and Fire Dispatch operations located in the Richard
A. Zais Jr, Center for Law and Justice was opened in 1996. Since that time population has
increased and in turn the call volume and the calls for service have followed the same trend.
These circumstances generated the need for the staff to explore the need for future expansion
beginning in 2009.
At the present time, the center has two distinct but mutually supported missions: first the
center answers all incoming 9-1-1 calls within the city and county. Secondly, the center serves
as the law enforcement and fire service dispatch center. In order to sustain current and future
operations for public safety communications the City of Yakima and Yakima County jointly has
determined the need for a larger and more modern facility that will support present and future
technology requirements and the potential that the center will need to support a larger staff of
call -takers and dispatchers to meet the needs of public safety.
In the current configuration, the City of Yakima and Yakima County jointly share in the
cost and use of the computer aided dispatch (CAD) system, transfer calls for service between the
Communication Services to Yakima County Business Phone: 509.248.9911 Business Fax: 509.576.6555
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UNICATIONS CENTE.
2 So. 3RD Street
.s. on 989
city and county, and agree that there is an immediate need to design a public safety radio system
that will create interoperability between all public safety agencies.
To support these findings a proposed "Interlocal Agreement for Construction and On -
Going Use Agreement” has been developed which outlines the funding responsibilities of both
parties. Specifically, to fund this project the County intends to issue its limited tax general
obligation bonds to obtain funding for this project in the amount of $4,647,576.00, in which the
City will be responsible for one-half of the construction costs or $2,323,788.00 which is intend to
be repaid over the life of bond of 20 years or less.
In addition to the bond repayment, the city will be responsible for an annual lease and
maintenance cost of the facility which is estimated to be $128,700.00 annually. The combined
annual payment of the bond obligation and maintenance and lease of the facility is estimated to
be $530,428.00 annually. The 911/Communications Division's intent is to fund this agreement
through the funds generated through the collection of 911 excise taxes and through a portion of
the dispatching contracts held with outside police and fire agencies.
Respectfully,
Bradley D. Coughenour
Communications Manager
City of Yakima
Communication Services to Yakima County Business Phone: 509.248.9911 Business Fax: 509.576.6555
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.s. on. 989
Communication Services to Yakima County Business Phone: 509.248.9911 Business Fax: 509.576.6555
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801AFB4FA44E\PDFConvert.4095.1.City Council 061714.docx
RESOLUTION NO. R-2014- ----
A RESOLUTION authorizing the execution of an Interlocal Agreement with Yakima County.
WHEREAS, this Interlocal agreement is entered into by and between the City of Yakima,
a municipal corporation of the State of Washington, and Yakima County, a political subdivision
of the State of Washington, under the authority and in conformance with RCW 39.34, the
Interlocal Cooperation Act.
WHEREAS, the City of Yakima and Yakima County desire to enter into an Interlocal
Agreement for the purpose of relocating Emergency 9-1-1 services and City of Yakima
Dispatch. This agreement sets forth the fiscal responsibilities of both parties, the responsibly of
the project committee, and, establishes the effective date of the agreement.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA:
The City Manger and City Clerk of the city of Yakima are hereby authorized and directed
to execute an agreement with Yakima County for the purpose mentioned above, a copy of
which agreement, entitled "COUNTY OF YAKIMA AND CITY OF YAKIMA INTERLOCAL
AGREEMENT FOR CONSTRUCTION AND ON-GOING USE OF A 911 EMERGENCY
COMMUNICATION SYSTEM'S CALL CENTER AND THE CITY DISPATCH CENTER," is
attached hereto and by reference and made a part hereof,
ADOPTED BY THE CITY COUNCIL this 17th day of June, 2014.
Micah Cawley, Mayor
ATTEST:
City Clerk
COUNTY OF YAKIMA AND CITY OF YAKIMA INTERLOCAL AGREEMENT
FOR CONSTRUCTION AND ON-GOING USE OF A 911 EMERGENCY COMMUNICATION SYSTEM'S CALL
CENTER AND THE CITY DISPATCH CENTER
THIS AGREEMENT is entered into between Yakima County, Washington (hereafter "County"),
a political subdivision of the State of Washington, and the City of Yakima, (hereinafter "City"), a
municipal corporation, pursuant to RCW 39.34.
WHEREAS, pursuant to RCW 82.146 and YCC Chapter 3.36, the County collects telephone
access and radio access line excise taxes for the purpose of funding and providing a 911 emergency
services communication system; and,
WHEREAS, local government entities in Yakima County, Washington have entered into an
Interlocal Agreement with Yakima County entitled "Yakima County Department of Communications
Intergovernmental Agreement for 911 Answering Services" dated April 27, 1993, for provision of 911
emergency services communication system on a county wide basis to participating members; and,
WHEREAS, in 2006, the County and City entered into a "911 Support Services Agreement"
between the County and the City, whereby the City provides the County and Yakima County 911
with the necessary support services to efficiently and economically operate the 911 emergency
services communication system within Yakima County; and,
WHEREAS, the 911 Support Services Agreement will expire on December 31, 2014 pursuant to
the "Fifth Amendment" to the Agreement and the terms of its extension will be the subject of further
negotiations between the parties; and,
WHEREAS, the City operates a dispatch center in conjunction with the 911 emergency
services communications system; and,
WHEREAS, it is in the best interests of the City, the County and the citizens who rely upon
these emergency communications to retain a joint operation; and,
WHEREAS, the County owns a parcel of property located at 2403 S. 18th ST., Union Gap, WA,
98903, Assessor's Parcel No.191332-42024, commonly known as the Resource Center ("RC "); and,
WHEREAS, the County and City desire to relocate the 911 emergency services communication
system's Call Center and the City's Dispatch Center (together, the "Center") to the RC and share
equally in the construction costs necessary to accommodate the relocation (hereinafter "the
Project");
NOW, THEREFORE, it is hereby agreed as follows:
1. Purpose. The purpose of this Agreement is to provide for the relocation of the Center to the
RC and set forth the responsibilities of the parties for the construction costs necessary to
accommodate the relocation and to define the terms of on-going lease costs for the Center.
2. Duration. This Agreement shall become effective on the date of execution by the County and
the City and shall continue for a term of thirty (30) years unless terminated earlier by mutual
agreement of the parties or replaced by a subsequent agreement. Provided, that the City's funding
and repayment obligations set forth in Section 4 shall survive termination of this Agreement unless
or until other specific repayment arrangements are agreed upon by the parties in writing.
3. Project Design and Construction. The Project design and construction shall be jointly
determined through a Project Committee which shall include; the ITS Manager of the City, the
Communications Manager of the Yakima Communications Center, the Public Services Director of the
County and the County Public Services Project Manager. Any changes to the scope cost or design of
the Project shall be mutually agreed upon by the Committee. The County shall engage and manage
project managers, architects and other design professionals and contractors with the expertise and
experience necessary to successfully complete the Project. The County shall obtain or cause to be
obtained and maintained in effect, all necessary building permits, licenses and other governmental
approvals that might be required in connection with such work.
4. Project Budget and Funding.
4.1 Project Construction Budget. The working capital budget for the Project is included in
Exhibit A. The budget remains subject to change as the parties continue in their review and
approval, as provided herein. The Project capital budget is estimated to be four million, six
hundred forty seven thousand, five hundred seventy-six dollars ($4,647,576).
4.2 County Funding. The County intends to issue its limited tax general obligation bonds
in 2014 ("Bonds"), payment of which is expected to be made from 911 excise taxes, to finance
the design and construction of the Project.
4.3 City Funding. The City will be responsible for providing the funding for one half of the
Project capital cost net of any contribution from the 911 reserve fund, including one-half of
the County's cost of financing of the Bonds, incurred after this Agreement is executed,
increased or decreased as appropriate resulting from Project scope, design, and schedule
changes as well as any cost overruns, all of which shall be reviewed and approved by the
parties hereto in writing. The City's obligation is estimated to be two million three hundred
twenty three thousand, seven hundred eighty eight dollars ($2,323,788). The City will
reimburse the County for the City's share of the Project design and construction costs,
together with any additional costs associated with the Project that are agreed upon in writing
by the parties prior to being expended, as well as financing costs and interest relating thereto,
pursuant to Section 4.4.
4.4 Repayment Schedule. The City's obligation shall be payable to the County in annual
installments, with the payment term consistent with the County's financing, which is
anticipated to be a 20 year bond issue. The first annual installment shall be payable on or
before 15 days prior to the first payment due date on the bond issue, with succeeding
payments due on or before May 15 of each succeeding year until the obligation is paid in full.
The amount to be paid each year will be annual installments equal to one-half of the debt
service on the County's bonds that are directly attributable to financing the Project costs
incurred under this Agreement, including related costs of issuance.
5. Building Lease. In addition to capital funding set forth in Section 4, the Center shall pay the
County a monthly lease payment based on the square footage of occupancy, which lease payment
shall include the cost for all building maintenance, basic janitorial service and utilities. The
responsibility for these payments shall be divided equally between the 911 Emergency
Communication System's Call Center and the City's Dispatch Center. The lease payment will be
based on a cost per square foot of occupied space, to be determined by the County, and shall be the
same cost per square foot rate as is uniformly applied to all County facilities. The lease costs shall be
adjusted no more often than once annually.
6. No Third Party Rights. This Agreement is entered into for the sole benefit of the County and
the City. It shall confer no benefits or rights, direct or indirect, on any third parties. No person or
entity other than the County and the City may rely upon or enforce any provision of this Agreement.
7. Indemnification and Hold Harmless.
7.1 Each party hereto agrees to be responsible for and assume liability in the performance
of this Agreement for its own wrongful and/or negligent acts or omissions and those of its
officers, agents, or employees to the fullest extent allowed by law.
7.2 No party shall be required to indemnify, defend or save harmless the other party if a
claim, suit or action for injuries, death or damages is caused by the sole negligence of the
other party. For such claims, suits or actions resulting from concurrent negligence of the
parties the indemnity provisions provided herein shall be valid and enforceable only to the
extent of the party's own negligence. Each of the parties agrees that its obligations under this
sub -paragraph extends to any harm, demand and/or cause of action brought on by, or on
behalf of, any of its employees or agents. For this purpose, each party, by mutual
negotiation, hereby waives, with respect to the other party only, any immunity that would
otherwise be available against such claims under the industrial insurance provisions of Title
51 RCW, only to the extent necessary to indemnify the other party.
7.3 The provisions of this Section shall survive the termination or expiration of this
Agreement.
7.4 Nothing contained in this Section or this Agreement shall create a liability or a right of
indemnification in any third party.
8. Integration. This Agreement contains all of the terms and conditions agreed on by the
parties. No other understandings, oral or otherwise, regarding the subject matter of the Agreement,
are deemed to exist or to bind either of the parties.
9. Modifications. The parties may modify this Agreement but no proposed changes or
modifications shall have validity or become binding on either party unless such changes or
modifications are in writing and executed by both parties.
10. Severabilit
10.1 If a court of competent jurisdiction holds any part, term or provision of this
Agreement illegal, or invalid in whole or in part, the validity of the remaining provisions shall
not be affected, and the parties' rights and obligations shall be construed and enforced as if
the Agreement did not contain the particular provision held invalid.
10.2 If any provision of this Agreement is in direct conflict with any statutory provision of
the State of Washington, that provision which is in conflict shall be deemed inoperative and
null and void insofar as it conflicts, and shall be deemed modified to conform to such
statutory provision.
11. Waiver. The waiver by either party of any term or condition of this Agreement shall not
operate in any way as a waiver of any other condition, obligation or term or prevent either party
from enforcing such provision.
12. Survival. Any provision of this Agreement which imposes an obligation after expiration or
termination of this Agreement shall survive the expiration or termination and shall bind the parties.
13. Notices. Unless otherwise stated herein, all notices and demands are required in written
form and sent to the parties at their addresses as follows:
TO: CITY OF YAKIMA
Tony O'Rourke, City Manager
City of Yakima
129 North Second Street
Yakima, WA 98901
TO: YAKIMA COUNTY
Board of County Commissioners
128 North Second Street
Yakima, WA 98901
14. Governing Law. This Agreement shall be governed by and construed in accordance with the
laws of the State of Washington.
15. Compliance with Law. All parties to this Agreement shall comply with all applicable federal,
state and local laws, rules and regulations in carrying out the terms and conditions of this
Agreement.
16. Filing. Copies of this Agreement shall be filed with the Yakima County Auditor, pursuant to
RCW 39.34.040, and with the City Clerk of Yakima.
Executed by the parties this day of 2014.
ATTEST:
City Clerk
CITY OF YAKIMA
By:
Tony O'Rourke, City Manager
City Contract No.:
Resolution No.:
ATTEST:
Tiera L. Girard,
Clerk of the Board
BOARD OF YAKIMA COUNTY COMMISSIONERS
Kevin J. Bouchey, Chairman
J. Rand Elliott, Commissioner
Michael D. Leita, Commissioner
Approved as to form:
Terry D. Austin
Chief Civil Deputy Prosecuting Attorney
BASE ESTIMATE SCOPE:.
(Includes 20% Contractor Genera! R
RC BUDGETARY COST ESTIMATE; (911, Dispatch)
meets. Overhead & Profit, Bond & In -
B & 0 Tax Mark -Ups)
PROJECT COMPONENT
Quantity I UnitEst.
I
Cost per
Unit
Cost
5% Design 4% Cost
, Contingency Escalation ;
MACC
30% Soft
Cost
Total Predsign
Construction '
Costs
and Design
Total
SF
11) 911 Communications Center
1.2 L5
51,346,664
$1,615,996
580,800
567,872
51,764,668
$529,400
$2,294,068
$29,720
$2,323,788
4,565
12) Dispatch Center
1.2ILS
$1,346,664 I
51,615,996
580,800
567,872
51,764,668
5529,400
52,294,068 {
529,720
52,323,788
4,565
NOTES:
The above costs include a 20% general contractor's mark-up to cover general requirements, overhead & profit, bond & insurance, and B & 0 tax. In addition,a 5% preliminary design
contingency and a 4% construction cost escalation premium has been added to the estimate bottom-line. A composite 30% softcost allowance includes 8.2% for sales tax, 13% for A&E
design fees, a 3% construction contract contingency, 3% for building permits & fees, 1% forthirdparty testing, and 1.8% for mechanical & electrical third party commissioning. Owner's
administration and moving costs are not included.
EXHIBIT 'A'